Common use of Exclusions and Limitations Clause in Contracts

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon Solar’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon Solar; (iv) conditions exceeding the voltage, wind, snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon Solar’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon Solar’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon Solar. f) Maxeon Solar modules which include “COM” in the model number. Maxeon Solar shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon Solar.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon Solar’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon Solar; (iv) conditions exceeding the voltage, wind, snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon Solar’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon Solar’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon Solar. f) Maxeon Solar modules PV Modules which include “COM” in the model numberhave been installed on single‐family homes or semi‐detached homes, including but not limited to duplexes and townhomes. For clarity, apartment and condominiums are not excluded. Maxeon Solar shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon Solar.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; , and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activityinsects, animals, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar SunPower modules which include “COM” in the model number. Maxeon Solar SunPower shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar modules PV Modules which include “COM” in the model numberhave been installed on single-family homes or semi-detached homes, including but not limited to duplexes and townhomes. Maxeon Solar For clarity, apartment and condominiums are not excluded SunPower shall not be held responsible or liable to the customer or any third‐party third-party arising out of any non‐performance non-performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar modules PV Modules which include “COM” in the model numberhave been installed on single‐family homes or semi‐detached homes, including but not limited to duplexes and townhomes. Maxeon Solar For clarity, apartment and condominiums are not excluded SunPower shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; alteration, improper installation, application or removal (ii) alteration including but not limited to installation, application or improper installation (improper installation includesremoval by any party other than SunPower, without limitationa Vendor, installation a Framework Agreement Customer or array that does not comply with all Maxeon Solar installation instructions and operations and technician approved by SunPower in writing); non‐observance of the applicable SunPower installation, users and/ or maintenance instructions of any type (as may be amended and updated from time to time at Maxeon Solar’s sole discretion), and all national, state, or non‐compliance with national and local laws, electric codes, ordinances, and regulations); (iii) repair or modification modifications by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, or snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activityinsects, animals, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon Solar. f) Maxeon Solar modules which include “COM” in the model numberSunPower. Maxeon Solar SunPower shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV AC Modules subjected to: : (i) misuse, accident, or abuse, neglect including improper storage after receipt, neglect, including the failure to properly maintain the product or accident; system or to allow SunPower required firmware upgrades; (ii) alteration alteration, including the unauthorized removal or modification of module or system electronics, or improper installation (improper installation which includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and instructions, product recommendations, or suggested or required total system size requirements, product labels, or operations and maintenance instructions of any type (- as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), discretion- and all national, state, and local laws, codes, ordinances, and regulations); , or operation of a system or component without the latest SunPower recommended firmware; (iii) repair or modification by someone other than an approved service technician of Maxeon Solar; SunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; and , or any other design or operational specification; specification or instructions; (v) damage caused by natural forces (tornado, flood, lightning, hurricanes, or earthquakes), fire, power failure surges, lightning, flood, or fire; other circumstances beyond SunPower’s control; (vi) damage from persons, pests animals, biological activity, environmental pollution, or industrial chemical exposure; ; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control; (viii) the combination of module with third party products deemed by SunPower to be incompatible for use with its products or systems. b) Cosmetic effects effects, such as discoloration, stemming from normal wear and tear of PV AC Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Product and Power Warranty. Normal wear and tear of PV AC Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV AC Module. c) PV AC Modules which have not been installed in locations, which in Maxeon Solar’s absolute judgment may be subject to direct contact or commissioned with bodies of salt watera SunPower monitoring device. d) PV AC Modules, which in SunPower’s sole judgment, may have been in direct contact with saltwater. e) AC Modules for which the labels containing product type or serial number have been altered, removed or made illegible. ef) PV AC Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. fg) Maxeon Solar modules AC Modules where factory‐integrated electronics exhibit defects that do not materially impact power output. h) AC Modules which include have been sold “COMas is” in or without a warranty. i) Defects or issues arising from or relating to existing electrical components at the model numberinstallation site, including, breakers, electrical panels, or wiring, including where these components do not comply with current codes, including building or electrical codes. Maxeon Solar SunPower shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Product and Power Warranty, due to acts of God, product shortages, war, riots, strikes, fire, flood flood, pandemic, endemic, epidemic or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar PV Modules which have been installed on single-family homes or semi-detached homes, including but not limited to duplexes and townhomes. For clarity, apartment and condominiums are not excluded. g) SunPower modules which include “COM” "AC" in the model number. Maxeon Solar number SunPower shall not be held responsible or liable to the customer or any third‐party third-party arising out of any non‐performance non-performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon Solar’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon Solar; (iv) conditions exceeding the voltage, wind, snow load specifications; , and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon Solar’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon Solar’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon Solar. f) Maxeon Solar modules PV Modules which include “COM” in the model numberhave been installed on single‐family homes or semi‐detached homes, including but not limited to duplexes and townhomes. For clarity, apartment and condominiums are not excluded. Maxeon Solar shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon Solar.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar PV Modules which have been installed on single-family homes or semi-detached homes, including but not limited to duplexes and townhomes. For clarity, apartment and condominiums are not excluded g) SunPower modules which include “COM” "AC" in the model number. Maxeon Solar number SunPower shall not be held responsible or liable to the customer or any third‐party third-party arising out of any non‐performance non-performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; , and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar SunPower modules which include “AC” or “COM” in the model number. Maxeon Solar SunPower shall not be held responsible or liable to the customer or any third‐party third-party arising out of any non‐performance non-performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar SunPower modules which include “COM” in the model number. Maxeon Solar SunPower shall not be held responsible or liable to the customer or any third‐party third-party arising out of any non‐performance non-performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar modules PV Modules which include “COM” in the model numberhave been installed on single‐family homes or semi‐detached homes, including but not limited to duplexes and townhomes. Maxeon Solar For clarity, apartment and condominiums are not excluded. SunPower shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar SunPower modules which include “COM” in the model number. Maxeon Solar SunPower shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following:following (as determined in SunPower’s absolute discretion): a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; alteration, improper installation, application or removal (ii) alteration including but not limited to installation, application or improper installation (improper installation includesremoval by any party other than SunPower, without limitationa SunPower authorised dealer or technician approved by SunPower in writing); non‐observance of the applicable SunPower installation, installation or array that does not comply with all Maxeon Solar installation instructions and operations and users and/or maintenance instructions of any type (as may be amended and updated from time to time at Maxeon Solar’s sole discretion), and all national, state, or non‐compliance with national and local laws, electric codes, ordinances, and regulations); (iii) repair or modification modifications by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, or snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activityinsects, animals, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects affects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon Solar. f) Maxeon Solar modules which include “COM” in the model numberSunPower. Maxeon Solar SunPower shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance non‐ performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV AC Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; , and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV AC Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Product and Power Warranty. Normal wear and tear of PV AC Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV AC Module. c) PV AC Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt watersaltwater. d) PV AC Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV AC Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar modules which include “COM” in the model numberAC Modules where factory‐integrated electronics exhibit defects that do not materially impact power output. Maxeon Solar SunPower shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Product and Power Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon Solar’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon Solar; (iv) conditions exceeding the voltage, wind, snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon Solar’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon Solar’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon Solar. f) Maxeon Solar modules PV Modules which include “COM” in the model numberhave been installed on single‐family homes or semi‐detached homes, including but not limited to duplexes and townhomes. For clarity, apartment and condominiums are not excluded Maxeon Solar shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon Solar.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon Solar’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon Solar; (iv) conditions exceeding the voltage, wind, snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon Solar’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon Solar’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon Solar. f) Maxeon Solar modules which include “COM” in the model number. Maxeon Solar shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon Solar.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; , and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar modules PV Modules which include “COM” in the model numberhave been installed on single‐family homes or semi‐detached homes, including but not limited to duplexes and townhomes. Maxeon Solar For clarity, apartment and condominiums are not excluded. SunPower shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; , and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar modules PV Modules which include “COM” in the model numberhave been installed on single-family homes or semi-detached homes, including but not limited to duplexes and townhomes. Maxeon Solar For clarity, apartment and condominiums are not excluded. SunPower shall not be held responsible or liable to the customer or any third‐party third-party arising out of any non‐performance non-performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.

Exclusions and Limitations. The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar SunPower installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon SolarSunPower’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon SolarSunPower; (iv) conditions exceeding the voltage, wind, snow load specifications; , and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activityinsects, animals, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon SolarSunPower’s control. b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module. c) PV Modules installed in locations, which in Maxeon SolarSunPower’s absolute judgment may be subject to direct contact with bodies of salt water. d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible. e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon SolarSunPower. f) Maxeon Solar modules PV Modules which include “COM” in the model numberhave been installed on single‐family homes or semi‐detached homes, including but not limited to duplexes and townhomes. Maxeon Solar For clarity, apartment and condominiums are not excluded. SunPower shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon SolarSunPower.